Model Releases
by Ralph Wilson
A couple weekends ago I decided to take a day and go off in pursuit of a train shot worthy of entering in this December’s show. I double checked all my gear, tested batteries, and packed enough film that probably would have taken a week to shoot. As I backed out of the driveway it occurred to me that I was going to be shooting on private property even though my railroad du jour was open to the public. Using photographs of private property for commercial use usually requires a property release signed by the property owner. Being a little vague on use of property and model releases I thought I'd read up on it. Here's what I came up with.
You need to get a signed model release from anyone that can be recognized in your photographs if you use that photographs commercial purposes such as advertising or endorsement. The same criteria holds true for need of property releases. If you are shoot-ing photographs of recognizable private property for commercial use you will need a signed release from the property owner.
When photographs are used for editorial purposes such as newspapers, magazines or text books etc. releases are not required. The First Amendment protects the rights of photographers to use and sell their images to inform or educate the viewer so long as the images are not libelous or embarrassing to the subject.
A lot of the confusion about model releases is caused by magazines that require model releases even for photographs used for editorial purposes. This is probably at the advice of corporate lawyers that are more worried about law suits than the content of their clients publications. Another source for confusion comes from photo contests that require model releases. These releases are usually required when the contest sponsor is asking you to give up the rights to you image if your photos are selected. This allows the contest sponsor to use your images in advertising.
In general practice I don't worry too much about obtaining releases from people in my photographs because they are always used in an editorial context. The few times I have asked total strangers to sign a release I have found they are usually flattered by the fact that I have chosen to include them in my photographs. Offering to send them a complimentary copy of the print helps, although I always specify that I will send them a copy if I decide to use the image for display or publication. This greatly reduces the number of free prints I'm turning out. I also ask for the release after I have shot the images so I am capturing people behaving naturally.
A question I did not find an answer to is: If I use a photograph of a person in my portfolio am I using that person to endorse my photography? If so, do I need a model release from that person?